Hi. Looking for some advice on how to succeed in my parking hearing. Received a $375 ticket for parking in a handicap spot. I was transporting my mother (owner of the valid permit) to a doctors appointment. The pass was in my visor and when I parked the vehicle, I flipped it down to display. When I returned to get the car I noticed ticket first then looked up and my visor was back to regular position. My hypothesis is it’s a brand new car, I guess the visor is a bit stiff and if not extended enough it gradually made its way back to base? In any event their pictures of my car when they ticketed me don’t show the visor down. I figured once I provided the valid pass that this would either be dismissed or I’d get a hand slap $30 parking ticket like a normal law breaker. Instead they offered $150 reduction or I go to a hearing. Any advice on how to get this thrown out? This is crazy I’m not even here with a “I parked here unauthorized for 30 seconds” reason. To my knowledge the permit was visible when I left the car and I have a valid permit to be parking there with a handicapped person.
That offence is an absolute liability one; meaning a 'due diligence defence' is unavailable to you. In other words, take the $150 offer and walk away. While your visor story is unfortunate, it can't be accepted as a valid defence under absolute liability offences at law. So, your best bet is to just take a reduced penalty and make sure it never happens again. Otherwise, you'll just go to court, explain what happened and the JP will be sympathetic to your case but will convict you anyway since they can't accept a due diligence defence.
Hi. Thanks for the response. I understand what you’re saying but I’m confused by other’s posts that say they didn’t see a sign or the space was covered with snow and solutions provided to them are measure the sign if its too small or too big etc you can fight the ticket. I have a permit so I’m struggling to accept that the law is punishing me more than someone whole gets to claim the sign was tilted in a way they couldn’t see it I realize it’s not your law I’m just annoyed
If the disability parking sign is non-existent or not per the regulation's standards, then the prosecution can't prove its case because that is an essential element they have to prove. However, failing to see the sign is not a defence nor is any error in judgement by the defendant. That would only be accepted (and evaluated in a strict liability offence). Other than challenging the prosecution's ability to prove the case, the only defence available is what's called a necessity defence. That requires an imminent peril or danger, no reasonable alternative to breaking the law, proportionality in doing so and only doing so for the absolute minimum of time. So, perhaps, if someone was lying on the ground bleeding from a gun shot wound and you park in the spot to rescue them and take them to the hospital, you're not going to be found guilty. That just makes sense.
But, having a faulty visor is not grounds for a necessity defence (it would only be admitted if this were a strict liability offence as perhaps a due diligence defence). Sorry, but that's just how things are with these offences.
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